June 21, 2023 at 6:02 p.m.
Lac du Flambeau town board answers road questions
By By Brian Jopek-
The easements are for tribal land on four roads, Annie Sunn Lane, Center Sugarbush Lane, East Ross Allen Lake Lane and Elsie Lake Lane.
The tribal council had the roads barricaded in late January, causing serious day-to-day living issues for landowners on the roads and others tied into them.
The town board reached a 90-day agreement with the tribal council in early March to re-open the roads while the two sides hold meetings to negotiate a longer term agreement for road easements.
That initial 90-day agreement has expired and the town is now, paying the tribe on a month-to-month basis to keep the roads open.
In the meantime, lawsuits have been filed against the town, including a lawsuit filed in federal court by the United States Department of Justice.
During the town board's June 7 meeting, the resignation of town clerk Nancy Edwards was accepted.
It's against this backdrop that the town board met on June 15 to answer questions regarding the road issue.
There was a town meeting held on May 25 in the auditorium of the Lac du Flambeau public school, its purpose to give people a chance to submit questions as well as ask questions.
The town board met in closed session on June 12 to, as town chairman Matt Gaulke told The Lakeland Times, to "formulate answers" to the questions.
"We went through the questions that were asked of us either in person and by the cards," he said during the June 15 meeting, referring to questions submitted by people in writing. "We actually broke them down to, I think it comes down to 14 different categories."
Over the course of the next six minutes, Gaulke went over the categories and the town board's responses.
Road re-location
"This was looked at in previous years but abandoned since the re-routes are costly as well as the proposed relocations would be through swamps and wetlands," Gaulke read. "This would require permitting through the tribe. Condemnation is a long and expensive process and would not solve the expired easement issue of compensation (to the tribe). It has been suggested that Annie Sunn Lane residents check with Camp Nawakwa for a potential easement."
Other roads with easements and documents reflecting such
Gaulke said town supervisor Bob Hanson has submitted a Freedom of Information Act to the federal government's Bureau of Indian Affairs and the town is waiting for a response.
"He (Hanson) is hoping with the information obtained, he will be able to catalogue the information into a summary document," Gaulke said.
Landowner involvement in negotiations or committee appointment
"The town board will share as much information as they are able," Gaulke read from the responses. "When in negotiations, facing 12 claims against the town, U.S. lawsuit, revealing strategies will be limited."
He said a committee would be "advisory only at this point."
"The tribe has been clear that it intends to negotiate with the town," Gaulke said.
Mediation
Gaulke said as recently as June 1, the town has "communicated to the tribe's attorney that the town is ready, willing and anticipating a date for mediation to occur."
The tribe's intent related to permitting
Gaulke said the tribe "has been clear" in that it is pursuing an annual permitting system going forward and the policy "is not within the town's jurisdiction."
He said with regard to the four roads in question, "the town is the permit holder with the issuing authority lying with the tribal land management and tribal president."
Tribal relations
"The town continues to be willing and open to working with the tribe on community issues," Gaulke said. "This is an ongoing process. Continued communication is key."
Public apology
"It is the town's position that when all legal claims are satisfied, an appropriate statement will be made," Gaulke said.
State and federal government assistance
Gaulke said the town board has acknowledged that a higher level of assistance "is needed" and that the town is confident there will be support from both the state and federal governments "for an amicable solution."
Regarding the town's request that the title companies pay toward the monthly fees the town is paying the tribe to keep the roads open during the negotiation process, Gaulke said the companies have indicated they could pay provided there's progress in the negotiation process.
Referendum
If necessary, the next opportunity for a referendum would be in February during the primary election, Gaulke said. He also made it clear the $1 million figure mentioned in previous meetings "to raise revenue for expired and future easements" was a town figure and not the tribe's.
"The town board has received comments regarding all landowners paying for a few," Gaulke said. "Again, if a referendum is necessary, all options will be considered prior to that occurrence. Per law, landowners who are not residents of the town are not able to vote in Lac du Flambeau referendums."
On the question regarding what it is the tribe wants, Gaulke said the tribe is "seeking compensation for expired easements, current easements and future easement use" and the town is waiting for a response from the tribe regarding "past trespass damages and the fee for annual permits."
On a question regarding recusal of town board members from the matter, Gaulke said town board members are elected "based on the needs of the entire community."
"The town board is made up of individuals who have experience with town and tribal matters," he said. "Regardless of occupation, they are seeking options that best serve the entire community."
Once he was finished, Gaulke told the group of approximately 40 residents and a few more attending virtually via Zoom as "we get more information going forward, we will definitely pass that on to everybody."
"If we have any of these questions that can be answered further, we'll passing that on, too," he said.
Brian Jopek may be reached via email at [email protected].
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